Annexes to COM(2023)548 - EU position in the Working Party on Customs Questions affecting Transport as regards the proposal to amend the Terms of Reference of the Working Party

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dossier COM(2023)548 - EU position in the Working Party on Customs Questions affecting Transport as regards the proposal to amend the Terms of ...
document COM(2023)548 EN
date September 28, 2023
ANNEX

to the

Proposal for a Council Decision

on the position to be taken on behalf of the European Union in the Working Party on Customs Questions affecting Transport as regards the proposal to amend the Terms of Reference of the Working Party


ANNEX


Suggestions for alignment of the WP.30 ToR with the text of the ToR of ITC

1. The Working Party on Customs Questions affecting Transport Global Forum on Customs questions affecting transport including border crossing facilitation (hereinafter referred to as WP.30), will  acting within the framework of the policies of the United Nations and the Economic Commission for Europe (hereinafter ECE) and subject to the general supervision of the Inland Transport Committee (hereinafter ITC) and in conformity with the new Terms of Reference of of ECE (E/ECE/778/Rev.5) and ITC (E/RES/2022/2 and ECE/TRANS/316/Add.2) and consistent with the legal instruments listed in Appendix: 

(a)    Initiate and pursue actions aimed at promoting the harmonization, improvement and simplification of technical and operational regulations, standards, rules and documentation for customs and border crossing procedures for the various modes of inland transport and multimodal connections, with particular focus, where possible, on contributing to the advancement of the United Nations 2030 Sustainable Development Agenda (General Assembly Resolution A/RES/70/1.) and related Sustainable Development Goals; (ToR ITC (d))

(b)    Analyse difficulties encountered at border crossings with a view to devising administrative procedures, operational processes, customs infrastructure design and physical and electronic documentation, to facilitate eliminating such difficulties; (ToR ITC (e))

(c)    Administer and monitor the implementation of the conventions, and agreements and other international legally binding instruments on customs and border crossing facilitation under the auspices of the WP.30 (Appendix); (ToR ITC (h))

(d)    Review the above legal instruments to ensure their relevance as well as their coherence with other international or subregional treaties concerned with customs and border crossing facilitation issues and to keep them in line with modern transport and border control requirements and, where appropriate, elaborate new international legally binding instruments in the field of border crossing facilitation, taking also account of the need to combat customs fraud effectively; (ToR ITC (h))

(e)    Consider and endorse adopt amendment proposals to the legal instruments listed in Appendix and, where appropriate, submit them to the relevant Administrative Committees (see point (n) below) for consideration and formal adoption;

(f)    Consider and adopt recommendations, resolutions, comments and examples of best good practices with regard to the implementation of these legal instruments and, where appropriate, submit them to the relevant Administrative Committees (see point (o) below) or ITC for consideration and formal approval or ITC for endorsement;

(g)    Study customs and control questions with a view to streamlining customs and other administrative procedures and documentation in the field of the facilitation of border crossing and transport, in particular by promoting electronic data interchange solutions new technologies and innovations, including a platform for digitalization; (ToR ITC (i))

(h)    Study specific legal and other measures to combat customs and fiscal fraud resulting from simplified customs and other border crossing procedures and foster the exchange of intelligence among the competent authorities of contracting parties to the relevant legal instruments on border crossing facilitation on abuses with a view to identifying measures to combat such occurrences;

(i)    Promote the possible extension of the agreements and conventions from Appendix to other regions and encourages the accession of new countries to them by organizing seminars and workshops as well as advocacy campaigns those;

(j)    Encourage wider public and private participation in its activities by fostering cooperation and collaboration with countries, the European Commission, World Customs Organization, other international governmental and non-governmental organizations concerned with transport and border crossing facilitation and the other United Nations regional commissions and other organizations or bodies of the United Nations system with a view, among other things, to discussing and resolving problems relating to the interpretation or enforcement of the provisions of the relevant legal instruments;

(k)    Create a working environment that facilitates fulfilment by the contracting parties of the obligations set forth in the legal instruments listed in Appendix, and an exchange of views on the interpretation of these instruments or the resolution of problems connected with their enforcement;

(l)    Ensure openness and transparency during its meetings;

(m)    Support training and capacity-building activities aimed at the proper implementation of the above legal instruments; (ToR ITC (k))

(n)    Ensure close cooperation with and support for the activities of the Administrative Committees for the TIR Convention (AC.2), for the Harmonization Convention (AC.3), for the Convention on Customs Treatment of Pool Containers Used in International Transport (AC.4) and for the TIR Executive Board (TIRExB);

(o)    Collaborate closely with other subsidiary bodies of ITC to address horizontal issues relevant to the facilitation of customs issues and other border crossing matters of international transport, with other relevant UNECE working parties and other inter-governmental and non-governmental organizations in particular with the World Customs Organization (WCO). (ToR ITC (m)

(p)    Draw up and implement a programme of work relating to its activities and reports on its accomplishment to ITC.

2. These Terms of Reference do not modify the provisions of the relevant legal instruments.

Appendix

Legal instruments under the auspices of the Working Party on Customs Questions affecting Transport (WP.30)

1. Convention concerning Customs Facilities for Touring, signed in New York on 4 June 1954

2. Additional Protocol to the Convention concerning Customs Facilities for Touring, relating to the importation of tourist publicity documents and material, signed in New York on 4 June 1954

3. Customs Convention on the Temporary Importation of Private Road Vehicles, signed in New York on 4 June 1954

4. Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention), of 15 January 1959

5. Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention), of 14 November 1975

6. Customs Convention on the Temporary Importation for Private Use of Aircraft and Pleasure Boats, of 18 May 1956

7. Customs Convention on the Temporary Importation of Commercial Road Vehicles, of 18 May 1956

8. International Convention to Facilitate the Crossing of Frontiers for Passengers and Baggage carried by Rail, of 10 January 1952

9. International Convention to Facilitate the Crossing of Frontiers for Goods Carried by Rail, of 10 January 1952

10. Customs Convention concerning Spare Parts Used for Repairing Europ Wagons, of 15 January 1958

11. Customs Convention on Containers, of 18 May 1956

12. Customs Convention on Containers, of 2 December 1972

13. European Convention on Customs Treatment of Pallets Used in International Transport, of 9 December 1960

14. International Convention on the Harmonization of Frontier Controls of Goods, 21 October 1982

15    Convention on Customs Treatment of Pool Containers Used in International Transport, 21 January 1994

16. Convention on International Customs Transit Procedures for the Carriage of Goods by Rail under Cover of SMGS Consignment Notes Geneva, 9 February 2006

17. Convention on the Facilitation of Border Crossing Procedures for Passengers, Luggage and Load-Luggage carried in International Traffic by rail, 22 February 2019


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